The Report begins by explaining the genesis of today's Court reform debate, including by identifying developments that gave rise to President Biden's decision to issue the April 2021 Executive Order, particularly the debates surrounding the most recent nominations.
This Introduction emphasizes that the Court's composition and jurisprudence long have been subjects of public controversy and debate in the nation's civic life: The Court serves as a crucial guardian of the rule of law and also plays a central role in major social and political conflicts. Its decisions have profound effects on the life of the nation. Though conflict surrounding the processes by which the President nominates and the Senate confirms Justices is not new, it has become more intensely partisan in recent years.
The Introduction also articulates three common and interrelated ideas frequently invoked in reform debates and throughout the Chapters of the Report: the importance of protecting or enhancing the Court's legitimacy; the role of judicial independence in our system of government; and the value of democracy and its relationship to the Supreme Court's decision making. These important ideas can mean different things to different people. The Introduction discusses the range of meanings ascribed to these terms, with the aim of clarifying how they are deployed in arguments for and against reform.
Whether the Supreme court is replaced by SCOTUS 2.0 or it goes through major upgrades, there will also need to be major congressional, or preferably constitutional changes. Of course this will be very difficult with the existing balances in the House and Senate. Hopefully, the majority of the American people will be shown and see that the current supreme court is a threat to the future of freedom and justice, and they will vote out the people who voted the justices into office.
It is essential to the future of Democracy to make serious SCOTUS changes. We must make this happen.
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